Q. The role of the President of India is like an old man in family who has all the authorities, however, he cannot do anything effective if the naughty-young members of family do not listen him.” Evaluate. [66th BPSC/2021]

Q. The role of the President of India is like an old man in family who has all the authorities, however, he cannot do anything effective if the naughty-young members of family do not listen him.” Evaluate. [66th BPSC/2021]
Ans:
India has a parliamentary form of government. Consequently, the President has been made only a nominal executive; the real executive being the council of ministers headed by the prime minister. ©crackingcivilservices.com

The role of the President of India:

• The executive role:
  • All executive actions of the Government of India are formally taken in his name.
    • Under Article 53, the executive power of the Union shall be vested in President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
  • He can make rules specifying the manner in which the orders and other instruments made and executed in his name shall be authenticated.
  • He appoints the prime minister and the other ministers. They hold office during his pleasure.
  • He appoints the attorney general of India and determines his remuneration. He also appoints the comptroller and auditor general of India, the chief election commissioner and other election commissioners, the chairman and members of the Union Public Service Commission, the governors of states, the chairman and members of finance commission, and so on.
  • He can seek any information relating to the administration of affairs of the Union, and proposals for legislation from the prime minister.
  • He can require the Prime Minister to submit, for consideration of the council of ministers, any matter on which a decision has been taken by a minister but, which has not been considered by the council.
  • He can appoint a commission to investigate into the conditions of SCs, STs and other backward classes.
  • He can appoint an inter-state council to promote Centre–state and interstate cooperation
  • He directly administers the union territories through administrators appointed by him.
  • He can declare any area as scheduled area and has powers with respect to the administration of scheduled areas and tribal areas.
• The legislative role:
  • He can summon or prorogue the Parliament and dissolve the Lok Sabha. He can also summon a joint sitting of both the Houses of Parliament, which is presided over by the Speaker of the Lok Sabha.
  • He can address the Parliament at the commencement of the first session after each general election and the first session of each year.
  • He can send messages to the Houses of Parliament, whether with respect to a bill pending in the Parliament or otherwise.
  • He can appoint any member of the Lok Sabha to preside over its proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant. Similarly, he can also appoint any member of the Rajya Sabha to preside over its proceedings when the offices of both the Chairman and the Deputy Chairman fall vacant.
  • He nominates 12 members of the Rajya Sabha from amongst persons having special knowledge or practical experience in literature, science, art and social service.
  • He decides on questions as to disqualifications of members of the Parliament, in consultation with the Election Commission.
  • His prior recommendation or permission is needed to introduce certain types of bills in the Parliament. For example, a bill involving expenditure from the Consolidated Fund of India, or a bill for the alteration of boundaries of states or creation of a new state
  • When a bill is sent to the President after it has been passed by the Parliament, he can:
    • give his assent to the bill, or
    • withhold his assent to the bill, or
    • return the bill (if it is not a money bill) for reconsideration of the Parliament.
    • However, if the bill is passed again by the Parliament, with or without amendments, the President has to give his assent to the bill.
  • He can promulgate ordinances when the Parliament is not in session. These ordinances must be approved by the Parliament within six weeks from its reassembly. He can also withdraw an ordinance at any time.
  • He lays the reports of the Comptroller and Auditor General, Union Public Service Commission, Finance Commission, and others, before the Parliament.
  • He can make regulations for the peace, progress and good government of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu. In the case of Puducherry also, the President can legislate by making regulations but only when the assembly is suspended or dissolved.
• The financial role:
  • Money bills can be introduced in the Parliament only with his prior recommendation.
  • He causes to be laid before the Parliament the annual financial statement (i.e, the Union Budget)
  • No demand for a grant can be made except on his recommendation.
  • He can make advances out of the contingency fund of India to meet any unforeseen expenditure.
  • He constitutes a finance commission after every five years to recommend the distribution of revenues between the Centre and the states.
• The judicial role:
  • He appoints the Chief Justice and the judges of Supreme Court and high courts.
  • He can seek advice from the Supreme Court on any question of law or fact. However, the advice tendered by the Supreme Court is not binding on the President.
  • He can grant pardon, reprieve, respite and remission of punishment, or suspend, remit or commute the sentence of any person convicted of any offence:
    • In all cases where the punishment or sentence is by a court martial;
    • In all cases where the punishment or sentence is for an offence against a Union law; and
    • In all cases where the sentence is a sentence of death.
• The diplomatic role:
  • The international treaties and agreements are negotiated and concluded on behalf of the President. However, they are subject to the approval of the Parliament.
  • He represents India in international forums and affairs and sends and receives diplomats like ambassadors, high commissioners, and so on.
• The military role:
  • He is the supreme commander of the defence forces of India. In that capacity, he appoints the chiefs of the Army, the Navy and the Air Force.
  • He can declare war or conclude peace, subject to the approval of the Parliament.
• The Emergency powers:
  • In addition to the normal powers mentioned above, the Constitution confers extraordinary powers on the President to deal with National Emergency (Article 352), President’s Rule (Article 356 & 365) and Financial Emergency (Article 360).

Thus, he has almost all the authorities. However, the effectiveness of his role is restricted as the President has to exercise his powers and functions with the aid and advise of the council of ministers headed by the prime minister (Article 74). As Dr B R Ambedkar had stated about the true position of president: “He is the head of the State but not of the Executive. He represents the nation but does not rule the nation. He is the symbol of the nation. His place in administration is that of a ceremonial device or a seal by which the nation’s decisions are made known. He can do nothing contrary to their advice nor can he do anything without their advice. The President of the United States can dismiss anysecretary at any time. The President of the Indian Union has no power to do so, so long as his ministers command a majority in Parliament”.

Further, the 42nd Constitutional Amendment Act of 1976 made the President bound by the advice of the council of ministers headed by the prime minister.

However, He is not totally ineffective:

• Though the President has no constitutional discretion, he has some situational discretion:
  • Appointment of Prime Minister when no party has a clear majority in the Lok Sabha or when the Prime Minister in office dies suddenly and there is no obvious successor.
  • Dismissal of the council of ministers when it cannot prove the confidence of the Lok Sabha.
  • Dissolution of the Lok Sabha if the council of ministers has lost its majority.
• Further,
  • The 44th Constitutional Amendment Act of 1978 authorised the President to return a matter once for reconsideration of his ministers, but the reconsidered advice shall be binding.
    • e.g. In September 1998, the President KR Narayanan returned a recommendation of the cabinet that sought the imposition of the President’s Rule in Bihar. After a couple of months, the cabinet re-advised the same. It was only then that the President’s Rule was imposed in Bihar, in February 1999.
  • President has absolute veto, which refers to the power of the President to withhold his assent to a bill passed by the Parliament. Usually, this veto is exercised in the following two cases:

• • • Bill was introduced by any private member (any member of Parliament who is not a minister).
    • The cabinet resigns after the passage of the bills but before the assent by the President and the new cabinet advises the President not to give his assent to such bills.
  • President also has pocket veto in which the President neither ratifies nor rejects nor returns the bill, but simply keeps the bill pending for an indefinite period. The constitution does not prescribe any time-limit within which he has to take the decision with respect to a bill presented to him for his assent.

Thus, although the role of the president is restricted by the constitutional provisions because of the parliamentary system of the government. However, it is not the case that he is completely ineffective.©crackingcivilservices.com